Bill Text: IL HB3370 | 2013-2014 | 98th General Assembly | Chaptered


Bill Title: Amends the Metropolitan Water Reclamation District Act. Expands the District’s existing authority to allow settlements and demands, including associated attorney's fees and costs, together with claims for deprivation of any constitutional or statutory right, to the list of costs which may not be included in the district's annual tax levy. Expands the board’s existing authority to levy a tax for the purpose of establishing and maintaining a reserve fund to satisfy these additional expenses. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-07-15 - Public Act . . . . . . . . . 98-0069 [HB3370 Detail]

Download: Illinois-2013-HB3370-Chaptered.html



Public Act 098-0069
HB3370 EnrolledLRB098 10891 OMW 41416 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Section 12 as follows:
(70 ILCS 2605/12) (from Ch. 42, par. 332)
Sec. 12. Power to levy taxes. The board of commissioners
annually may levy taxes for corporate purposes upon property
within the territorial limits of such sanitary district, the
aggregate amount of which, exclusive of the amount levied for
(a) the payment of bonded indebtedness and the interest on
bonded indebtedness (b) employees' annuity and benefit
purposes (c) construction purposes, and (d) for the purpose of
establishing and maintaining a reserve fund for the payment of
claims, awards, losses, judgments, or liabilities,
settlements, or demands and associated attorney's fees and
costs that which might be imposed on or incurred by such
sanitary district in matters including, but not limited to,
under the Workers' Compensation Act or the Workers'
Occupational Diseases Act, and any claim in tort, including but
not limited to, any claim imposed upon such sanitary district
under the Local Governmental and Governmental Employees Tort
Immunity Act, any claim of deprivation of any constitutional or
statutory right or protection, for all expenses, fees, and
costs, both direct and in support of and for all costs related
to the repair or replacement of any property owned by such
sanitary district which is damaged by fire, flood, explosion,
vandalism or any other peril, natural or manmade, shall not
exceed the sum produced by extending the rate of .46% for each
of the years 1979 through 2004 and by extending the rate of
0.41% for the year 2005 and each year thereafter, upon the
assessed valuation of all taxable property within the sanitary
district as equalized and determined for State and local taxes.
In addition, for stormwater management purposes, including
but not limited to those provided in subsection (f) of Section
7(h), the board of commissioners may levy taxes for the year
2005 and each year thereafter at a rate not to exceed 0.05% of
the assessed valuation of all taxable property within the
District as equalized and determined for State and local taxes.
And in addition thereto, for construction purposes as
defined in Section 5.2 of this Act, the board of commissioners
may levy taxes for the year 1985 and each year thereafter which
shall be at a rate not to exceed .10% of the assessed valuation
of all taxable property within the sanitary district as
equalized and determined for State and local taxes. Amounts
realized from taxes so levied for construction purposes shall
be limited for use to such purposes and shall not be available
for appropriation or used to defray the cost of repairs to or
expense of maintaining or operating existing or future
facilities, but such restrictions, however, shall not apply to
additions, alterations, enlargements, and replacements which
will add appreciably to the value, utility, or the useful life
of said facilities. Such rates shall be extended against the
assessed valuation of the taxable property within the corporate
limits as the same shall be assessed and equalized for the
county taxes for the year in which the levy is made and said
board shall cause the amount to be raised by taxation in each
year to be certified to the county clerk on or before the
thirtieth day of March; provided, however, that if during the
budget year the General Assembly authorizes an increase in such
rates, the board of commissioners may adopt a supplemental levy
and shall make such certification to the County Clerk on or
before the thirtieth day of December.
For the purpose of establishing and maintaining a reserve
fund for the payment of claims, awards, losses, judgments, or
liabilities, settlements, or demands and associated attorney's
fees and costs that which might be imposed on or incurred by
such sanitary district in matters including, but not limited
to, under the Workers' Compensation Act or the Workers'
Occupational Diseases Act, and any claim in tort, including but
not limited to, any claim imposed upon such sanitary district
under the Local Governmental and Governmental Employees Tort
Immunity Act, any claim of deprivation of any constitutional or
statutory right or protection, for all expenses, fees, and
costs, both direct and in support and for all costs related to
the repair or replacement, where the cost thereof exceeds the
sum of $10,000, of any property owned by such sanitary district
which is damaged by fire, flood, explosion, vandalism or any
other peril, natural or man-made, such sanitary district may
also levy annually upon all taxable property within its
territorial limits a tax not to exceed .005% of the assessed
valuation of said taxable property as equalized and determined
for State and local taxes; provided, however, the aggregate
amount which may be accumulated in such reserve fund shall not
exceed .05% of such assessed valuation.
All taxes so levied and certified shall be collected and
enforced in the same manner and by the same officers as State
and county taxes, and shall be paid over by the officer
collecting the same to the treasurer of the sanitary district,
in the manner and at the time provided by the general revenue
law. No part of the taxes hereby authorized shall be used by
such sanitary district for the construction of permanent,
fixed, immovable bridges across any channel constructed under
the provisions of this Act. All bridges built across such
channel shall not necessarily interfere with or obstruct the
navigation of such channel, when the same becomes a navigable
stream, as provided in Section 24 of this Act, but such bridges
shall be so constructed that they can be raised, swung or moved
out of the way of vessels, tugs, boats or other water craft
navigating such channel. Nothing in this Act shall be so
construed as to compel said district to maintain or operate
said bridges, as movable bridges, for a period of 9 years from
and after the time when the water has been turned into said
channel pursuant to law, unless the needs of general navigation
of the Des Plaines and Illinois Rivers, when connected by said
channel, sooner require it. In levying taxes the board of
commissioners, in order to produce the net amount required by
the levies for payment of bonds and interest thereon, shall
include an amount or rate estimated to be sufficient to cover
losses in collection of taxes, the cost of collecting taxes,
abatements in the amount of such taxes as extended on the
collector's books and the amount of such taxes collection of
which will be deferred; the amount so added for the purpose of
producing the net amount required shall not exceed any
applicable maximum tax rate or amount.
(Source: P.A. 96-164, eff. 8-10-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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